CARLISLE, J.
On February 13, 1951, Aubrey Harper, as the holder of a certain mortgage note made by Sanford Graham on a certain Ford truck, brought foreclosure proceedings in the City Court of Douglas and the sheriff of the county on that date levied on the vehicle. On February 14, 1951, Graham interposed his affidavit of illegality and filed a proper forthcoming bond with Albert Caves as surety. The cause came on for trial at its regularly assigned time on February...
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